Scottish Government criticised over handling of Sturgeon investigation evidence
The Scottish Government has been found to have wrongly withheld information from an investigation into whether former first minister Nicola Sturgeon breached the ministerial code. Scottish Information Commissioner David Hamilton has ordered the government to disclose some of the written evidence used in that probe.
The commissioner strongly criticised the government's handling of the case, revealing that it was only through the diligence of his staff that failures were uncovered. Mr Hamilton described this as particularly disappointing, adding that while there was no evidence of impropriety, the situation reflected poorly on the Scottish Government's management of the matter.
Long-running freedom of information battle
The ruling comes after a lengthy battle over access to information from the investigation into whether Ms Sturgeon breached the ministerial code in her dealings with her predecessor, the late Alex Salmond, concerning harassment allegations. Back in March 2021, independent adviser James Hamilton KC had cleared the then-first minister of any breach.
However, a freedom of information request was subsequently made to the Scottish Government seeking all written evidence used in Mr Hamilton's investigation. The government initially argued that as Mr Hamilton served as an independent adviser on the ministerial code, he wasn't subject to freedom of information legislation.
The Information Commissioner intervened, compelling the government to reconsider its position. When ministers challenged this decision in the Court of Session, their appeal was refused.
Government failures and statutory breaches
Following the court's decision, the Scottish Government provided some information in January 2024 but continued to withhold additional details, citing various exemptions under FoI laws. The new ruling published this week found that the government had failed to accurately interpret the scope of the information request.
Mr Hamilton also highlighted that the government had failed to disclose some information that fell within the scope of the applicant's request without specifically identifying it as exempt from disclosure. The commissioner noted that the Scottish Government had been wrongly withholding some information under exemptions.
In a significant development, the commissioner's report expressed concern that the Scottish Government had failed to comply with an information notice requiring it to supply previously withheld information. The report emphasised that complying with such notices represents a binding statutory requirement, and the commissioner has the authority to refer such failures to the Court of Session.
While the commissioner accepted that this particular failure resulted from a genuine oversight, the report made clear that he would not hesitate to take the matter to court in future cases where circumstances merit such action.
Independent MSP Fergus Ewing has called on First Minister John Swinney to publish all documents relating to both the Sturgeon investigation and the Salmond inquiry. Mr Ewing stated that the government has spent hundreds of thousands of pounds of taxpayers' money to prevent publication of these documents.
The MSP described the commissioner's finding as utterly devastating, arguing that it destroys any credibility the first minister might claim regarding his commitment to transparency and openness in government.
